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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On January 3, 2007, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on January 3, 2007. On August 18, 2008, the same court was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) and the sentence became final and conclusive around that time.
【Criminal Facts】
A. On August 13, 2014, the Defendant violated the Act on Special Cases concerning the Settlement of Traffic Accidents, who is engaged in driving of B-car cars, driven the said vehicle while under the influence of 0.121% at a level of 0.40% on August 13, 2014, while driving the said vehicle on the two sides of the two lanes in front of D-Do C in the south-gu Seoul Special Metropolitan City, Yan-gu, Yan-gu, the Defendant changed the vehicle to the two lanes.
In this case, a person engaged in driving service has a duty of care to prevent accidents in advance by failing to drive under the influence of alcohol, and by failing to perform the duty of care in front of the accident.
Nevertheless, the Defendant was negligent in neglecting the front and rear watch in the state of 0.121% of the 0.121% of the 0.121% of the 0.1% of the 0.121% of the 0.1% of the 2nd line, and received the part of the 39 years of age from the front front of the driver’s seat in
Accordingly, the Defendant, by negligence in breach of occupational duty, sustained injury to the victim E, such as “componion fats and tensions,” which requires approximately two weeks of treatment.
B. Violation of the Road Traffic Act (driving) was driven by the Defendant under the influence of alcohol with a blood alcohol concentration of 0.121% at the same time and at the same time, from the street in the vicinity of the Sung-dong, Seo-gu, Seocheon-gu, Seocheon-gu to the street in front of the D located in Dong-gu, Dong-gu, Seoul, the place of accident, at the same time as the preceding paragraph.
Summary of Evidence
1. Defendant's legal statement;
1. E statements;
1. A survey report on actual conditions and a field map;
1. A copy of the ledger using a drink of drinking alcohol, and a report on the state of drinking drivers;
1. A written diagnosis and written estimate;
1. Application of Acts and subordinate statutes to the unused report on disposition and the result of confirmation;
1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;